Concerning a unit owner's notice to a homeowners' association that the unit owner prefers to receive correspondence in a language other than English.
HB26-1201 would change how homeowners’ associations (HOAs) handle a unit owner’s request to receive correspondence in a language other than English. Under current law, once a unit owner gives notice of a preferred language, the HOA must send correspondence and notices in both English and the preferred language. This bill would remove that bilingual requirement and instead require the HOA to send correspondence and notices only in the unit owner’s preferred language.
The bill also gives HOAs new discretion to require a unit owner to demonstrate the need for communications in the preferred language before the HOA must comply. The bill lists several ways a unit owner could show that need, including submitting the notice in the preferred language, providing documentation of language proficiency, having an interpreter provide a statement, or showing a history of communications in that language. The bill further updates several HOA notice provisions so that violation notices, cure notices, and delinquency notices would be written in English only if no language preference has been indicated; otherwise, they would be written in the preferred language.
The bill would amend Colorado Revised Statutes section 38-33.3-209.5, which governs HOA responsible governance policies, due process for fines, delinquent account collection, and related notice procedures. Its practical effect would be to alter the content and format of HOA communications to unit owners who request non-English correspondence, shifting from a bilingual notice model to a preferred-language-only model, while also adding a threshold showing that may be required before the HOA must honor the request. These changes would affect HOAs, unit owners, and the handling of violation, delinquency, and enforcement notices.
The available legislative history suggests limited support or momentum for the bill, as it was postponed indefinitely in the House Committee on Transportation, Housing & Local Government. No vote record or committee transcript is provided, so there is no evidence of floor debate or a recorded partisan split. Based on the bill text alone, the measure appears aimed at simplifying HOA compliance and reducing bilingual mailing obligations, but the lack of advancement indicates the proposal did not gain sufficient committee support.
The main point of contention is likely the bill’s treatment of language access for HOA residents. Supporters may view the change as reducing administrative burden and allowing HOAs to verify genuine language needs before providing translated communications. Opponents may object that requiring proof of language need could create barriers for limited-English-proficient residents and that eliminating the English-and-other-language dual notice requirement could reduce accessibility and transparency. The bill’s indefinite postponement suggests these concerns, or related policy objections, were significant enough to halt the measure in committee.